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[2013] FWCA 7281

The attached document replaces the document previously issued with the above code on 20 September 2013.

The price code has been added.

Melissa Nassios

Associate to Commissioner Roe

Dated 23 September 2013

[2013] FWCA 7281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NQR Pty Ltd
(AG2013/9390)

NQR PTY LTD AND NATIONAL UNION OF WORKERS WAREHOUSE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQR Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NQR Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers. The application was opposed by the Retail and Fast Food Workers Union. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement was genuinely a bargain between the parties, whether it contained the minimum terms and conditions prescribed by the Act, and whether the agreement complied with the procedural fairness requirements.

The Commission found that the agreement was genuinely a product of bargaining between the parties, and it contained all the prescribed minimum terms and conditions. The procedural fairness requirements were also met as the negotiation process was conducted in good faith and without coercion. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and included provisions that were consistent with public policy objectives. Given these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Warehouse Enterprise Agreement 2013 between NQR Pty Ltd and the National Union of Workers. The decision was based on the Commission's determination that the agreement was a genuine product of bargaining, included all prescribed minimum terms and conditions, and complied with procedural fairness requirements. The agreement was found to be consistent with public policy objectives and included appropriate dispute resolution mechanisms.

NQR Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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